Breeden's Administrator v. Feurt

Hough, J. —

This was an action under the statute relating to the claim and delivery of personal property, instituted before a justice of the peace by Margaret J. Breeden to recover possession of a horse claimed by her as her separate property. Joseph R. Breeden, her husband, was joined as a nominal plaintiff. In the trial before the justice the plaintiff recovered judgment, and the defendant appealed to the circuit court. Thereafter the plaintiff, Margaret J. Breeden, died, and the cause was revived in the circuit court in the name of her administrator, Thomas R. Shaw. At the trial in the…